UMASANKAR DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS is an appeal by the plaintiff against the judgment of reversal. The plaintiff instituted the suit on the 30th January, 1956 on the following allegations. The plaintiff at the material time was employed as a clerk in a temporary post in the Police ration Store at Bankura in July, 1946 on a monthly remuneration of Rs. 40/-clearness allowance Rs. 24/ -. By an order the plaintiff was removed from service with effect from 4th May, 1948. The order is as follows:

(2.) THE plaintiff contended that this order was in violation of the provisions of section 240 (3) of the Government of india Act, 1935, read with Rule 55 of the civil Service (Classification control and appeal) Rules. As such the order was void and a nullity. The plaintiff preferred an appeal to the Home Minister and there was some inquiry at his back. Even so, the report presumably to the credit of the plaintiff was not accepted and a further enquiry was caused by some other Officer. The plaintiff ultimately made a written representation to the Chief Minister, West Bengal on september 27, 1954, but no reply was received. Thereafter on due service of notice under section 80 of the Code of civil Procedure the present suit was instituted as already noted on the 30th january, 1956.

(3.) THE plaintiff instituted the suit in forma pauper is and prayed for a declaration that the said order of dismissal was ultra vires and void and the service was not terminated by the said order and the same was still subsisting and the plaintiff was entitled to salary, dearness allowance attached to the post from the date of his dismissal till the institution of the suit. The plaintiff in this suit claimed salary, dearness allowance etc. from January 1, 1950 to december 31, 1955 in all for six years, amounting to Rs. 4608/ -. The arrear salary prior to the said date was given up.